Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-7, 10-11, and 20-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 6,468,234 Van der Loos et al. in view of U.S. Pub. No. 2019/0349213 to Shive et al.
Claim 1-2 and 20-21, Van der Loos discloses a method and smart sleeping system, comprising monitoring sleep quality of an individual on a sleeping surface over a duration of time and acquiring and analyzing data such as temperature, position, and movement via interface software and correlating active components to improved sleep quality based upon the data acquired [Abstract](col. 3-4 lines 45-68 & 1-45)(col. 5 lines 20-43), but is silent to the motion and position sensors based upon changes in humidity. Shive discloses sensors that detect movement, motion, and locations based upon changes in humidity [0085]. Selecting from a plethora of known sensors is considered an obvious motivation and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the humidity data acquiring in Shive with the system of Van der Loos with a reasonable expectation of success because it would have provided additional analysis and means to detect the user’s movement, motion, and location [0006][0085].
Claims 3-5, Van der Loos, as modified, discloses the method, with regards to the Applicant's structural recitations, such as "the at least one humidity sensor comprises a first humidity sensor located at a first location on the sleeping surface and a second humidity sensor located at a second location on the sleeping surface", "the first location is a region where a leg and/or a foot of a user will rest on the sleeping surface", "the second location is another region where a leg and/or a foot of the user will rest on the sleeping surface", are not given patentable weight since the claims are method claims and the structural limitations do not further limit the method. The method itself is disclosed by Van der Loos.
Claims 6-7, 10-11, and 23, Van der Loos, as modified, discloses the method and mechanism further comprising adjusting one or more characteristics of the sleeping surface such as the contour of the sleeping surface based on collected data (col. 5 lines 20-43).
Claim 22, Van der Loos, as modified, discloses the smart sleeping system, but is silent to locating the plurality of humidity sensors in the leg and/foot region. Selecting a location for the plurality of humidity sensors is considered an obvious modification and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to selectively locate the plurality of humidity sensors in the leg and foot regions in the system of Van der Loos with a reasonable expectation of success because it would have provided equivalent and alternative sensor locations for the system of Van der Loos.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 6,468,234 Van der Loos et al. in view of U.S. Pub. No. 2019/0349213 to Shive et al, and further in view of U.S. Pub. No. 2021/0307680 to Yao et al.
Claims 8-9, Van der Loos, as modified, discloses the method wherein adjusting one or more characteristics of the sleeping surface, but is silent to adjusting a flow of air across and/or through at least a portion of the sleeping surface. Yao discloses a system adjusting the flow across/through a portion of the sleeping surface [0054]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the adjusting air flow system disclosed in Yao with the method of Van der Loos with a reasonable expectation of success because it would have provided a thermal and moisture comfort control system to make adjustments on the microclimate.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 6,468,234 Van der Loos et al. in view of U.S. Pub. No. 2019/0349213 to Shive et al, and further in view of U.S. Pub. No. 2014/0259417 to Nunn et al.
Claim 12, Van der Loos, as modified, discloses the method, but is silent to adjusting a firmness. Nunn discloses a process of adjusting a firmness of a portion of a sleeping surface [0045][0067]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the process of adjusting the firmness disclosed in Nunn with the process of Van der Loos with a reasonable expectation of success because it would have provided a characteristic to adjust the pressure in the sleeping surface when snoring is detected.
Claim(s) 13-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. No. 6,468,234 Van der Loos et al. in view of U.S. Pub. No. 2019/0349213 to Shive et al, and further in view of U.S. Pub. No. 2024/0138586 to Bennett et al.
Claims 13-19, Van der Loos, as modified, discloses a method of detecting movement during sleep comprising monitoring sleep quality of an individual on a sleeping surface over a duration of time and acquiring and analyzing data such as temperature, position, and movement via interface software and correlating active components to improved sleep quality based upon the data acquired [Abstract](col. 3-4 lines 45-68 & 1-45)(col. 5 lines 20-43), but is silent to the motion and position sensors based upon changes in humidity. Shive discloses sensors that detect movement and motion based upon changes in humidity [0085]. Selecting from a plethora of known sensors is considered an obvious motivation and it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the humidity data acquiring in Shive with the system of Van der Loos with a reasonable expectation of success because it would have provided additional means to detect the user’s activities such as movement and motion and perform additional analysis [0006][0085]. Van der Loos is silent to reducing movement. Bennett discloses an adjustment system where upon detecting movement of a sleeping individual the processor sends a signal to adjust a state of the sleep surface to reduce the movement by the individual [0060]. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to combine the process of reducing movement in Bennett with the system of Van der Loos with a reasonable expectation of success because it would have provided greater ability to improve the sleep quality of the individual.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. No. 2024/0138584 to Bennett et al. discloses a smart bed that determines locations of an individual on a sleep surface.
U.S. Pat. No. 10,863,330 to Lingle et al discloses sensors capable of detecting movement with changes in humidity.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDRICK C CONLEY whose telephone number is (571)272-7040. The examiner can normally be reached Monday-Friday 8:30am-4:30pm.
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/FREDRICK C CONLEY/Primary Examiner, Art Unit 3679
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